Crook County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
140 TRANSFER OF DEVELOPMENT CREDITS OPTION – TDC
§ 18.140.010 Transfer of development credits option – TDC.
(1)
Purpose. This chapter establishes an equitable method for the reduction of density of designated areas through the establishment of a "transfer of development credits" (TDC) option. The TDC option provides an opportunity to the landowners in the designated areas to retain land in agricultural areas through the option of selling the development credits associated with their land in lieu of development and an opportunity to other landowners in the areas designated suitable for development with the option of increasing the density of development of their land with the acquisition of such development credits.
It is the specific purpose of Crook County to implement the provisions of this chapter to:
(a)
Manage growth by providing incentives to designated areas of Crook County for concentrated development through the establishment of receiving areas where development credits purchased through the TDC option may supplement development established by the existing rural residential zones (RR-5 and RR(M)-5);
(b)
Permanently preserve agricultural areas and wildlife habitat through the establishment of designated sending areas by which development credits may be sold in lieu of residential development;
(c)
Provide an equitable method to compensate landowners in the designated sending areas who voluntarily forbear from developing land which marks the present land pattern; and
(d)
Effectively achieve the goals and objectives identified in the comprehensive plan.
(2)
Definitions.
"Base area"
means the area displayed on the official zoning map in which a given tract of land is located.
"Deed of transfer of development credits"
means a legal instrument which records the conveyance of transfer of development credits from a tract of land in a designated sending area.
"Development credits"
means the right to construct a specified amount of development according to this section.
"Development credits transferable (TDC)"
means the attaching of development credits to specified lands which are desired to be kept undeveloped, but permitting those credits to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
"Lot line adjustment"
means the relocation of a common boundary line between two lots or parcels.
"Receiving area"
means an area in which concentrated development has been planned, where transfer of development credits may be applied and added to the base density.
"Restrictive covenant agreement"
means a legal instrument, which simultaneously places restrictions on future development on a specified tract of land in a designated sending zone.
"Sending area"
means an area containing designated resources to be preserved, in which transfer of development credits may be severed and sold in exchange for permanent restrictive covenants.
(3)
Legislative Intent and Recognition.
(a)
Authority. The transfer of development credit option is established in accordance with ORS 94.531. By authority of this title, development credits shall be a separate estate in land, and declared severable and separately conveyable from the estate in fee simple.
(b)
Concept Recognition. Crook County hereby recognizes the severability and transferability of development credit from certain lands within Crook County, to be transferred and used in accordance with the provision of this section. The TDC option is recognized as a voluntary agreement under the terms of this chapter between a willing buyer and a willing seller, and shall be governed by the following principles:
(i)
Lands designated for preservation shall be designated as "sending areas." The seller receives compensation from the sale of his development credits in exchange for retaining the land in EFU through a permanent deed restriction or lot line adjustment.
(ii)
Land designated for additional, compact development shall be designated as "receiving areas." The buyer is permitted to use transfer of development credits to increase the density of his development within receiving zones. No new lots in a "receiving area" shall be less than two acres.
(iii)
The number of development credits shall be established by this title.
(iv)
The price of development credits will be determined by the willing buyer and the willing seller under fair market conditions.
(4)
Establishment of Development Credits Within Sending Areas.
(a)
Eligibility. Transfer of development credits are recognized and established for specified tracts of land in keeping with the purposes of this title. The following eligibility criteria shall apply to tracts of land in sending zones as defined by this title:
(i)
The tract of land shall be a legal lot at the time the ordinance codified in this title is adopted;
(ii)
The tract(s) shall be located within the EFU-JA zone (Juniper Acres).
(b)
Number of Credits. One transfer of development credit shall be allowed for each existing legal parcel in the EFU-JA zone (Juniper Acres). Additional development credits will be allowed for the consolidation of parcels at the following rate:
(i)
One additional TDC for consolidation of two to four parcels;
(ii)
Two additional TDC's for consolidation of five to seven parcels;
(iii)
Three additional TDC's for consolidation of eight to 10 parcels.
(c)
Monitoring of Credits. At the time of adoption of the ordinance codified in this title, Crook County shall:
(i)
Maintain an accurate record of development credit established and transferred for each lot within the sending area through an appropriate indexing system and map, based on recorded plats. Such system shall key the information to the original tax parcel.
(ii)
Participate in the transfer process as prescribed in subsection (5) of this section.
(d)
Right to Develop. The owner of a tract of land eligible for the transfer of development credits shall not be restricted from developing said tract in accordance with the applicable zoning district.
(5)
(a)
Sale of Transfer of Development Credits Within Sending Areas.
(i)
Sale of Credits. Development credits, as calculated in subsection (4) of this section, may be conveyed to any person or legal entity, or equitable owner of tracts of land within any designated receiving area, or sold or donated to Crook County, a conservancy or land trust.
(ii)
Deed of Transfer of Development Credits. The development credits conveyed shall be described in a deed designating the owner of the tract of land in the sending area as "grantor" and the owner or equitable owner in the receiving area as "grantee." The said deed shall be known as the "deed of transfer of development credits," which shall be recorded with the Crook County clerk. The grantee shall obtain a sample deed of transfer of development credits from the county. Said deed shall be endorsed by the county prior to recording. Prior to approval of any transfer of development credits the county planning department shall certify that the net acreage so restricted is sufficient to meet the requirement of this section.
(iii)
Title Report. The deed shall be accompanied by a title report and plan showing such detail as may be required by the planning department to demonstrate that such lands are free of restrictions prescribed in subsection (4) of this section.
(iv)
Restrictive Covenant Agreement. Upon sale of development credits, the grantor shall enter into a restrictive covenant agreement with Crook County. The covenant agreement shall:
(A)
Permanently restrict the land from future residential development. All other uses in the EFU-4 zone shall be allowed;
(B)
Be approved by the Crook County planning department;
(C)
Designate future owners of a lot as having responsibility of enforcement.
(b)
Distribution and Use of Development Credits in the Receiving Area.
(i)
Eligibility. Transfer of development credits may be applied to tracts of land within a receiving area, in addition to credits established under the base zone. The following eligibility criteria shall apply to receiving zones as defined by this title:
(A)
The tract of land shall be no less than four acres in size;
(B)
The tract(s) shall be located within existing rural residential zones (RR-5 and RR(M)-5), except for the RR-5 zones in the Powell Butte study area.
(ii)
Transfer of Credits. Landowners in receiving areas have the right to build one additional dwelling unit for each development credit purchased.
(iii)
Use in Existing Subdivisions. TDC's may be utilized in existing subdivisions; however, such use will require a replatting of the subdivision.
(c)
Taxation of Development Credits. Transfer of development credits shall be considered real property. Upon sale and transfer, the instrument conveying the development credits and accompanying deed of transfer of development credits shall be recorded with the Crook County clerk, and notification given to the Crook County assessor so that proper reassessment may occur.
(d)
Public Acquisition and Sale. Crook County may purchase development credits and may accept ownership of development credits through transfer by donation. All such development credits shall be either retired by the county or held in a TDC account for future sale to receiving area properties. Any such purchase or donation shall be accompanied by a deed of transfer of development credits as prescribed in this subsection.
(Ord. 18 § 4.240, 2003)
